HomeMy WebLinkAboutResolution 2016-133 Approving restated IGA regarding Tucson Water ServiceMARANA RESOLU'T'ION NO. 2016 -133
RELATING TO UTILITIES; APPROVING AND A.UTHORIZFNG THE MAYOR TO SIGN
AN AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT BErTWEEN
THE CITY OF TUCSON AND THE TOWN OF MARANA. REGARDING TUCSON WATER
SERVICE WITHIN THE TOWN LIMITS OF MARANA
WI EREAS the City of Tucson and the Town of Marana entered into an "AGREEMENT
BETWEEN THE CITY OF TUCSON AND THE TOWN OF MARANA REGARDING TUCSON WATER SERVICE
AREA WIT14IN THE MARANA TOWN BOUNDARIES" dated December S, 2000 (the 11 2000 Water
Service IGA "); and
WHEREAS Tucson and Marana entered into an "AMENDMENT TO AND EXTENSION OF
INTER.C30VVERNMENTAL AGREEMENT BETWEEN THE CITY OF TUCSON AND THE TOWN OF MARANA
REGARDING TUCSON WATER SERVICE AREA WIT14IN THE TOWN LIMITS OF THE TOWN OF
MARANA" dated May 18, 2010 (the "2010 water Service IGA .Amendment "); and
WHEREAS, among other things, the 2000 Water Service IGA as amended by the 2010
Water Service IGA. Amendment set forth the terms for Tucson to provide new water service
within the Marana town limits but outside contracted Tucson Water service areas; and
WHEREAS the 2000 Water Service IGA as amended by the 2010 Water Service IGA
Amendment terminated on December 13, 20 12 but Tucson and Marana have been operating
under the good faith assumption that they would enter into a retroactive extension addressing
Tucson's continued provision of water service in Marana; and
WHEREAS the "Amended and Restated Intergovernmental Agreement between the City
of Tucson and the Town of Marana regarding Tucson Water service within the town limits of
Marana" presented for approval supersedes and takes the place of the 2000 Water Service IGA
as amended by the 2010 Water Service IGA Amendment, and trues -up water credits and other
obligations for the period no Tucson /Marana Water service agreement was in effect; and
WHEREAS the Town Council finds that the proposed extension is in the best interests of
the Town and its residents and landowners.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARAN.A, .ARIZONA, AS FOLLOWS:
SECTION 1. The ".Amended and Restated Intergovernmental Agreement between the
City of Tucson and the Town of Marana regarding Tucson Water service Within the town limits
of Marana" attached as Exhibit A to and incorporated by this reference in this resolution is
hereby approved, and the Mayor is hereby authorized to sign it for and on behalf of the Town of
Marana
00049595.DOCx /1
Resolution No. 2016 -133 11/18/2016 12:12 PM
SECTION 2. The Town's Mana and staff are hereb directed and authorized to
undertake all other and further tasks re or beneficial to carr out the terms, obli and
objectives of the inter a
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 6t" da of December, 2016.
ATTEST:
7 oc
1 el ronson, Town Clerk
Ma EA"onea
APPRO AS T ,Q FORM:
r
c 4 qd yl Town Atto/ley
00049595.DOCX /I
Resolution No. 2016-133 -2- 11/ 18/2016 12:12 PM
AMENDED AND RESTATED INTERGOVERNMENTAL
AGREEMENT BETWEEN THE CITY OF TUCSON AND THE
TOWN OF MARANA REGARDING TUCSON WATER
SERVICE WITHIN THE TOWN LIMITS OF MARANA
This intergovernmental agreement ( "this IGA ") is entered into by and between the CITY OF
TUCSON ("Tucson"), an Arizona municipal corporation, and the TOWN OF MARANA ("Marana"),
an Arizona municipal corporation. Tucson and Marana are sometimes collectively referred to as
the "Parties" and each individually referred to as a "Party."
Section I. Recitals
The following recitals represent the Parties' general principles of agreement, which are
incorporated in the specific covenants that follow.
1.1 Tucson and Marana entered into an "AGREEMENT BETWEEN THE CITY OF TUCSON
AND THE TOWN OF MARANA REGARDING TUCSON WATER SERVICE AREA WITHIN
THE MARANA TOWN BOUNDARIES" dated December 5, 2000 and recorded in the
office of the Recorder of Pima County, Arizona, on December 13, 2000 at Docket
11444 Page 1792, Sequence 20002400529 (the 11 2000 Water Service IGA ").
1.2 Tucson and Marana entered into an "AMENDMENT TO AND EXTENSION OF
INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF TUCSON AND THE
TOWN OF MARANA REGARDING TUCSON WATER SERVICE AREA WITHIN THE TOWN
LIMITS OF THE TOWN OF MARANA" dated May 18, 2010 and recorded in the office
of the Recorder of Pima County, Arizona, on May 21, 2010 at Docket 13 814 Page
4119, Sequence 201 00980943 (the "2010 water Service IGA Amendment ").
1.3 On August 4, 2010, Tucson adopted a Water Service Area Policy, which
established a water service boundary for Tucson Water. On July 9, 2013, Tucson
approved nine refinements to the Policy. The policy limits Tucson water's
approval of new services outside its legally- contracted areas in unincorporated
Pinta County to parcels of less than 20 (residential) or 50 (commercial) net
developable acres in size, which are surrounded on three (3) sides by parcels with
Tucson water service. By this IGA, the Parties intend for these rules also to
apply, on a consistent basis, within the Town of Marana, in conformance with the
water resource obligations embodied in the above agreements. Tucson will notify
Marana of any proposed changes to the Policy and this IGA will be subject to
amendment pursuant to any approved changes to the Policy.
2015 TUCSON /MARANA WATER SERVICE IGA
-1-
1.4 The Parties desire to amend, restate, and extend the 2000 Water Service IGA, as
amended by the 2010 Water Service IGA Amendment.
1.5 Tucson and Marana are empowered by A.R.S. Title 11, Chapter 7, Article 3 to
enter into this IGA.
1.6 Marana owns and operates a water utility within and outside Marana's town
boundaries.
1.7 Tucson is authorized by the Tucson Charter, Chapter IV, Section 1 (7) "...to
establish, maintain, equip, own and operate, works and appliances within and
without city for supplying Tucson and its inhabitants also persons, firms and
corporations outside Tucson, including other municipal corporations, with
water...."
1.8 Tucson owns and operates a water utility within and outside the city limits of
Tucson, and provides water service to certain customers within Marana's town
limits, and has for all relevant times been charging its customers, including those
within Marana's town limits, fee and rate elements associated with the cost to
acquire renewable water resources.
1.9 When the Parties entered into the 2000 Water Service IGA, Tucson was legally
obligated to serve customers within the town limits of Marana who were then -
existing Tucson Water customers and those located within the Continental Ranch
Service Area, the Dove Mountain Service Area and the Thornydale Plaza Service
Area.
1.10 Since the 2000 Water Service IGA, Tucson has entered into additional water
service agreements in connection with the reimbursement of Tucson's costs for
construction and operation of its water infrastructure in the vicinity of Thornydale
and Tangerine Roads J2 Service Area). As a result, Tucson is now also legally
obligated to serve portions of the T2 Service Area.
1.11 For various reasons, the Parties were unable to timely provide certain water usage
and mapping data required under the 2000 Water Service IGA, as amended by the
2010 Water Service IGA Amendment; the Parties now desire to confirm, agree
upon, and use the Water Service Area Map and the MT Meter Data to track
Marana's water resource obligations to Tucson pursuant to the 2000 Water
Service IGA, as amended by the 2010 Water Service IGA Amendment, and as
further amended and clarified by this IGA.
1.12 The 2000 Water Service IGA, as amended by the 2010 Water Service IGA
Amendment, terminated on December 13, 2012; the Parties have been operating
under the good faith assumption that the Parties would enter into a retroactive
extension addressing Tucson's continued provision of water service in Marana- -
an assumption now implemented by this IGA.
2015 `rUCSONIMARANA WKrE'• R SERVICE ICYA
2
1. 13 Although this IGA is for a set term of years, the Parties intend for water
connection and water resource obligations undertaken by the Parties pursuant to
this IGA to be permanent, unless later modified by mutual agreement of the
Parties.
1.14 The Parties desire to establish a framework for determining costs associated with
the relocation of Tucson -owned water infrastructure in connection with Marana
public works projects.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
in this IGA, the Parties covenant and agree as follows:
Section II. Statement of purpose
This IGA is intended to create, set forth, and define the relationships between Marana and
Tucson regarding the extent and terms of Tucson's provision of water service within the
town limits of Marana.
Section III. Definitions
Notwithstanding any similarities as may appear when compared to the definitions in the 1980
Groundwater Management Act or elsewhere in Arizona Revised Statutes Title 45, or any
other statute, the following words and phrases shall have the following defined meanings for
the purpose of this IGA:
3.1 2000 Water Service IGA See paragraph 1.1 above.
3.2 2010 Water Service IGA Amendment See paragraph 1.2 above.
3.3 2010 Water Credit Transfer Marana's 2010 transfer of 1,043.3 acre -feet of
Central Arizona Project long -term storage credits to Tucson, consisting of an
April 1, 2010 transfer of 414.8 acre -feet and a June 8, 2010 transfer of 628.5 acre -
feet, pursuant to ADWR Long -Term Storage Credit Transfer Forms by the Parties
and received by the ADWR Water Management Section.
3.4 ADWR Arizona Department of Water Resources.
3.5 Default An act or omission by a Party that violates this IGA.
3.6 Directors The Directors of the City of Tucson or Town of Marana Water
Departments.
3.7 MT Meter Data The meter data and shapefile (or other data formats, as agreed by
the Directors) of all water customers and associated water delivery information
within the town limits of Marana, for whom Marana is obligated to provide water
resources pursuant to the 2000 Water Service IGA, as amended by the 2010 Water
Service IGA Amendment, as further amended and clarified by this IGA.
2015 TUCSONIMAIZANA WATER SERVICE IGA
-3 -
3.8 MT Customer. A Customer for whom Marana is obligated to provide water
resources pursuant to the 2000 water Service IGA, as amended by the 2014 water
Service IGA Amendment, as further amended and clarified by this IGA.
3.9 Marana Service Area. The Marana Service Area shall include all areas within the
Marana town limits less the Tucson Contracted Service Areas, areas where
Marana and Tucson mutually agree Tucson will serve, and areas served by other
water providers.
3.10 Potential Wheeling Areas Areas within the Marana town limits that may be
identified by both Parties as having the potential to be served by Marana with one
or more water interconnects to Tucson's water system with terms to be defined by
the Parties.
3.11 This IGA This Amended and Restated Intergovernmental Agreement between the
City of Tucson and the Town of Marana regarding Tucson water service within
the Town Limits of Marana.
3.12 Tucson Contracted Service Area That portion within the Marana town limits
served by Tucson, including the Continental Ranch area, the Dove Mountain area,
the T2 Contractual Service area, all areas where Tucson is obligated to provide
water service and resources as a result of a written service commitment
acknowledged by Tucson water that, in many cases, predates Marana
annexations. Marana has no obligation to provide resources in these areas.
3.13 Tucson Non - Contracted S ervice Area. That portion within the Marana Town
limits where Tucson provides water service for which Marana has certain
obligations to Tucson under this IGA. This area includes MT Meter Data
customers and the land area within the Marana town limits where Tucson water's
existing potable water system would be capable of providing service pursuant to
the Tucson Service Area Policy, upon confirmation by the Town of Marana that
those connections are subject to transfer of water or water credits per section IV.
3.14 Tucson's water Service Area Map. The map reflecting Tucson Water's
Contracted, and Non - Contracted areas, attached as Exhibit A, and incorporated
by this reference in this IGA. As with all maps referenced in this Agreement, the
parties recognize that maps are large -scale representations and may not be
accurate to the parcel level.
Section IV. Marana's transfer of water or water credits
4.1 General Marana shall transfer water or water credits to Tucson in amounts set
forth in this Section. The water or water credits shall be of a type mutually
acceptable to the Directors. The transfer to satisfy Marana's water resource
obligations for calendar years 2010 through 2015 (see paragraph 4.3 below) shall
be completed no later than 60 days after the execution of this IGA. Transfers to
satisfy Marana's water resource obligations for calendar years 2016 and later shall
occur on the later of:
2015 TUCSONIMARANA WATER SERVICE IGA
-4-
4. 1.1 August 1 of the following year, or
4.1.2 Sixty days after Tucson Water delivers to the Marana Water
Department the MT Meter Data containing the applicable year's water
consumption data (see paragraph 6.3 below)
4.2 Water resource obligations before 2010 The Parties acknowledge and agree that
the 2010 Water Credit Transfer satisfied Marana's water resource obligations to
Tucson under the 2000 Water Service IGA, as amended by the 2010 Water
Service IGA Amendment, for the period ending December 31, 2009.
4.3 Water resource obligations for 2010 throu h 2015. The Parties acknowledge and
agree that Marana's water resource obligations to Tucson under the 2000 Water
Service IGA, as amended by the 2010 Water Service IGA Amendment, and as
amended and restated by this IGA, are correctly set forth through the MT Meter
Data for calendar years 2010 through 2015; specifically:
Calendar year
Acre -feet
Total Duplicate Water
Resource Fees Collected After
August 1, 2014, for Refund to
Applicant see Section VIII.1)
2010
308.82
NIA
2011
327.57
NIA
2012
305.23
NIA
2013
337.48
NIA
2014
358.89
$7,900
2015
350.16
$
2016
TBD
$6,200
TOTAL
1,988.15
$32,900
Section V. Tucson's Water Service Area Map
5.1 Adopted The Parties hereby adopt and confirm the accuracy of the Water Service
Area Map as a representation of Tucson Water's provision of service within the
Town of Marana.
5.2 Modifications Modifications of the Water Service Area Map that do not expand
the Prospective Tucson Water Service Area may be made by mutual written
agreement of the Directors. Any modification that expands the Prospective
Tucson Water Service Area shall be effective only upon amendment of this IGA
approved by the Tucson City Council and the Marana Town Council.
5.3 Data Sharing Parties shall provide copies of all files necessary to produce an
updated map upon any modification to the Water Service Area Map.
Section V1. MT Meter Data
2015 TUCSON /MARANA WATER SERVICE IGA
5
6.1 Adopted The Parties hereby adopt and confirm the accuracy of the MT Meter
Data for calendar years 2010 through 2015, prepared by Tucson Water staff and
checked for accuracy by Marana Water Department staff.
6.2 Maintenance and update Tucson Water staff shall maintain and update the MT
Meter Data tracking water usage of all customers for whom. Marana is obligated to
provide water resources pursuant to the 2000 Water Service IGA, as amended by
the 2010 Water Service IGA Amendment, as further amended and clarified by this
IGA.
6.3 MT Meter Data Delivery to Marana Before March 3 I s' of each calendar year,
Tucson shall send to the Marana Water Department the MT Meter Data updated
with the prior calendar year's water consumption data.
6.4 Corrections Marana shall promptly notify Tucson in writing of any apparent
errors or corrections to the MT Meter Data, and the Parties shall promptly
collaborate on an agreement to reflect an accurate representation of MT Meter
Data.
Section VII. Water Service Scenarios
7.1 New customer inside the Town limits in the existin Marana Water service area.
Customer applies for service from Marana Water and would become a Marana
Water customer. Tucson is not involved.
7.2 New customer inside the Town limits in the Tucson Contracted Service Area.
Customer applies for service to Tucson Water and would become a Tucson Water
customer; Marana is not involved.
7.3 New customer inside the Town limits in the Prospective Tucson 'Water Service
Area but outside the Contracted Service area those areas listed as blue and light
blue on Tucson's Water Service Area Ma . The following shall be required:
7.3.1 Customer applies for service from the Town of Marana. If Marana
makes a good -faith determination that the customer may be eligible for
service as an MT Customer, Marana will forward a conditional approval
to Tucson Water staff before issuing a final approval to the MT
Customer. If Tucson Water determines that it is able to provide service
under the governing principles of the then - current Tucson 'Dater Service
Policy, Tucson will forward its approval to Marana. The customer
becomes a Tucson 'Dater customer and pays Tucson's infrastructure fees,
and monthly commodity and service rates and charges, but does not pay
the Tucson CAP Water Resource fee or any other Tucson Water resource
fee or charge.
7.3.2 Marana Water charges and collects from customer the "Water Resources
Development Fee" it has established for water resources; and
2015 TUCSON /MARANA WATER SERVICE IGA
-6-
7.3.3 Marana water transfers water or water credits pursuant to Section IV and
is reimbursed renewable resource rates by Tucson water pursuant to
Section VIII, governing MT customers.
7.4 New customer inside the Town limits and outside the Pros ective Tucson water
Service Area and Marana's Service Area. Tucson and Marana may adopt an IGA
that any such new customers may be located within a Potential wheeling Area
and define the terms and conditions of service for any Potential wheeling Area
7.5 Any existing Tucson Water customers that are annexed in to the Town of Marana
shall remain Tucson water customers. Marana Water will not collect any fees or
have any obligation to provide water resources for these services;
Section VIII. water resource fees and rates
8.1 Refund of water resource fees collected by Tucson water Tucson shall provide an
accounting of all water resource fees it has collected since August 1, 2014, from
all Tucson Water customers located in the Marana town limits for whom Marana
is obligated to provide water resources pursuant to the 2000 water Service IGA,
as amended by the 2010 Water Service IGA Amendment, as further amended and
clarified by this IGA. within 90 days after completion of the accounting, Tucson
shall issue refunds of Tucson fees to all original applicants who paid both Tucson
fees and Marana fees and provide a list of such payments to Marana.
8.2 Collection of water resource development fee. After August 1, 2014, Tucson shall
not collect any water resource fees to establish service in the Tucson Non -
Contracted Service Area. Marana shall collect all water resource fees for service
establishment in the Tucson Non - Contracted Service Area.
8.3 Marana water resource rate After the effective date of this Agreement, in lieu of
charging the adopted Marana "Groundwater Resource Acquisition Fee" on
monthly bills, Tucson water will refund to Marana, at no cost, the monies equal
to the Marana "Groundwater Resources Acquisition Fee," currently $0.48 per
1 000 gallons for all services identified in the MT Meter Data. Tucson shall
transfer funds on the same schedule as Marana transfers water or water credits
pursuant to Section IV of This IGA.
8.4 Good faith negotiation. Tucson and Marana agree to negotiate in good faith
regarding the use of each party's recharge, treatment, and distribution
4.
infrastructure improvements as might prove necessary to deliver water to the MT
customers and to satisfy the water resources obligations established in this
agreement, and to allocate appropriate credit for water resources and infrastructure
fees collected by the parties.
Section Ix. Effect of prior agreements
2015 TUCSON /MARANA WATER SERVICE IGA
-7-
This IGA supersedes and takes the place of the 2000 water Service IGA and the 2010 water
Service IGA Amendment.
Section X. water facilities relocation costs
10.1 Coordination The Parties shall coordinate their respective public works projects
within the town limits of Marana to minimize costs of relocating their respective
water facilities.
10.2 Cost sharing The Parties shall equally split all costs associated with relocating
their respective water facilities when the relocation is made necessary by a public
works project undertaken by or on behalf of either Party.
Section XI. Miscellaneous and general provisions
11.1 Force maj eure If any Party is rendered unable, wholly or in part, by force ma* eure
reasons to carry out its obligations under this IGA, the obligations of both Marana
and Tucson so far as they are affected by such force majeure shall be suspended
during the continuance of any inability so caused, but for no longer period; and
such cause shall be so far as possible remedied with the best efforts of the disabled
Party and with all reasonable dispatch. The term "force majeure" as employed in
this IGA shall mean acts of God, strikes, lockouts or other industrial or labor
disturbances, acts of the public enemy, wars, blockades, insurrections, riots,
epidemics, landslides, lightning, earthquakes, fires, storms, floods, washouts,
droughts, unavoidable interruptions in electric power to drive pumps,
interruptions by government not due to the fault of the Parties, including
injunctions, civil disturbances, explosions, well collapses, breakage or accident to
machinery or transmission facilities, or action or non - action by governmental
bodies in approving or failing to act upon applications for approvals or permits
which are not due to the negligence or willful action of the Parties. Nothing in this
paragraph shall be construed as requiring either Party to settle a strike or labor
dispute against its will or as prohibiting either Party at its own expense from using
whatever self -help remedies may be available to it.
11.2 Alternative dispute resolution. The following non - binding alternative dispute
resolution process shall be followed for any dispute arising under this IGA:
11.2.1 Tucson and Marana shall meet and confer about any controversy or claim
arising out of or related to this IGA, or Default under this IGA, in an attempt
to resolve the matter. If the matter that cannot be resolved by Tucson and
Marana, each shall appoint one arbitrator to a three party panel of arbitrators
which will decide the dispute. The appointment of the two arbitrators will
occur within 30 days of the meeting referred to above.
11.2.2 Arbitrators appointed to the arbitration panel shall be skilled and
experienced in the field or fields pertaining to the dispute. The two selected
arbitrators shall meet within 30 days of the later of the two arbitrators'
appointment, and at their first meeting they shall appoint a third neutral
2015 TUCSON /MARANA WATER SERVICE IGA
-8-
arbitrator to complete the arbitration panel. The third arbitrator shall act as a
chairperson of the arbitration panel and shall direct the arbitration
proceedings.
11.2.3 The arbitration process shall be limited to the matter submitted by Tucson or
Marana. The arbitration panel shall not rewrite, amend, or modify this IGA
or any other agreement between the Parties or to which either of the Parties
is a party.
11.2.4 There shall be no discovery beyond the information and documents made
available during the informal meet and confer process provided for in this
section and the exchange of information or documentation provided for in
this IGA.
11.2. S No formal evidentiary hearing shall be provided unless one is requested by
either Tucson or Marana in writing no later than the conclusion of the
meeting where the neutral arbitrator is appointed. If no hearing has been
requested, the arbitration panel will meet as deemed necessary by the panel
and shall, in a manner it deems appropriate, receive evidence, receive
argument or written briefs from Tucson and Marana, and otherwise gather
whatever information is deemed helpful by the panel. The arbitration
process to be followed shall be informal in nature, and Tucson and Marana
shall not be entitled to trial -type proceedings under, for example, formal
rules of evidence.
11.2.6 If Tucson or Marana requests a hearing, the arbitration panel shall meet to
receive evidence and receive arguments and written briefs from Tucson and
Marana as follows:
11.2.6.1 The arbitration panel shall, within five days of the appointment of
the neutral arbitrator, schedule a date for a hearing, which shall be
held within 60 days of the appointment of the neutral arbitrator.
11.2.6.2 within ten days of the appointment of the neutral arbitrator,
Tucson and Marana shall each submit a brief of no longer than 15
pages setting forth its case. The brief shall include discussion of all
issues relevant to the Party's case. Each Party shall, as an
attachment to its brief, include declarations of not more than two
experts and any relevant factual witness. Declarations of expert
witnesses must include all opinions to be elicited upon direct
testimony and a complete explanation of the basis of these
opinions. Disputes with respect to the sufficiency of declarations or
the appropriateness of the testimony shall be resolved by the
witnesses available for cross - examination at the time of the
arbitration hearing. Factual witnesses for which a declaration is
prepared shall be made available for cross - examination at the time
of the arbitration hearing only if requested by the other Party.
20 15 TUCSON /MARANA WATER SERVICE IGA
-9-
11.2.6.3 Each Party shall have the opportunity, within five days of the close
of hearing, to submit a closing brief not to exceed ten pages. The
closing brief shall be argument with no additional factual evidence
to be submitted.
11.2.6.4 Factual witnesses shall not be permitted to give testimony under
direct examination.
11.2.6.5 Each Party shall have a maximum of four hours to present its case
W
n total. This time shall include opening and closing statements,
direct presentation and any cross - examination of the other party's
witnesses. Each Party shall have the right to reserve part of its time
to present up to one hour of rebuttal testimony.
11.2.6.6 The matter shall be deemed submitted at the submission of closing
briefs.
11.2.6.7 The panel of arbitrators shall render its final decision in the dispute
within 60 days after the date of naming the third arbitrator. If the
arbitrators disagree as to the determination, any two of the three
arbitrators may j oin to form a majority and the decision of those
two arbitrators will be final for the panel. The panel will issue a
written decision.
11.2.7 If a Party declines to accept the decision of the arbitration panel, it may
initiate an action in the appropriate court within 60 days of the issuance of
the panel's written decision to obtain a judicial determination of the
underlying dispute. If an action is not filed within 60 days of the panel's
decision, the decision of the panel shall be deemed to be final and not
subject to judicial review. The decision of the panel and record of the
arbitration shall not be privileged and may be submitted as part of the record
by either Party in support of its case.
11.2.8 All costs incurred by the arbitration panel shall be shared equally by Tucson
and Marana, and the expenses of the arbitration panel shall be paid
expeditiously.
11.2.9 A Party shall not be considered in Default for an issue being addressed in
the alternative dispute resolution process or appropriate judicial proceeding
until a final decision has been rendered.
11.3 Information exchange. Upon reasonable request, Tucson and Marana will provide
to each other all necessary information and documentation required for purposes
of this IGA, to the extent the information and documentation is reasonably in its
possession. The requesting Party will reimburse the other Party for all costs of
providing the information and documentation, including staff time and
reproduction costs.
20 15 TUCSON /MARANA WATER SERVICE IGA
- to -
11.4 Attorneys' fees In the event of any litigation between the Parties to enforce any
provision of this IGA or any right of either Party under this IGA., the_ unsuccessful
Party agrees to pay to the successful Party all reasonable costs and expenses,
including reasonable attorneys' fees, incurred in the litigation by the successful
Party, all of which shall be included in and as part of the judgment rendered in the
proceeding.
11.5 Assignment of this IGA No Party shall have the right to assign this IGA or any
interest in this IGA except to their respective successors. This IGA shall be
binding on the successors of the Parties.
11.6 Notices All notices shall be in writing and together with other mailings pertaining
to this IGA. shall be made to:
FOR MARANA:
Town Manager
Town of Marana
11555 West Civic Center Drive, Bldg. A
Marana, Arizona 85653
WITH COPIES TO:
Marana Water Director
Town of Marana
5 100 West Ina Road
Tucson, Arizona 85743
Marana Town Attorney & Marana Town Engineer
Town of Marana
115 5 5 West Civic Center Drive, B ldg. A
Marana, Arizona 85653
FOR TUCSON:
Director
Tucson Water
P.G. Box 27210
Tucson, Az 85726
WITH COPY TO:
City Attorney
City of Tucson
P.G. Box 27210
Tucson, Az 85726
or as otherwise specified from time to time by each Party
11.7 Waiver Waiver by either Party of any breach of any term, covenant or condition
contained in this IGA shall not be deemed a waiver of any other term, covenant or
condition, or any subsequent breach of the same or any other term, covenant, or
condition contained in this IGA.
11.8 Amendment This IGA shall not be amended except by written instrument
mutually agreed upon and executed by the Parties.
11.9 Entire IGA This IGA, its exhibits, and its recitals constitutes the entire agreement
between the Parties regarding the subject matter of this IGA, and supersedes all
prior oral and written agreements of the Parties regarding the subject matter of this
2015 TUCSONIMARANA WATER SERVICE IGA
- 11 -
IGA. All warranties and guarantees and representations shall survive during the
life of this IGA.
11.10 Construction and inten2retation. All provisions of this IGA shall be construed to
be consistent with the intention of the Parties expressed in the recitals of this IGA.
11.11 Terra The term of this IGA shall be ten years from the Effective Date, and shall
be automatically renewed for successive five -year periods unless a Party gives the
other Party notice of termination at least six months before the end of a respective
term.
11.12 Authority Marana represents and warrants that it has legal authority and capacity
to enter into this IGA upon the terms and conditions provided within this IGA,
and has properly and legally authorized and executed this IGA. Tucson represents
and warrants that it has the legal authority and capacity to enter into this IGA
upon the terms and conditions provided within this IGA, and has properly and
legally authorized and executed this IGA.
11.13 Le al ' Nothing in this IGA shall be considered as either limiting or
extending the legal jurisdiction of either Marana or Tucson.
11.14 Non-sever abilit . If any provision of this IGA is held by a court of law to be in
violation in whole or in part of any applicable local, state or federal ordinance,
statute, lave, administrative or judicial decision, or public policy, and to be illegal,
invalid or unenforceable as written, then the Parties shall make good faith efforts
to modify the provision to the minimum extent necessary to make it or its
application valid and enforceable; however, if the Parties are unable to agree to
modify the provision to the extent necessary to make it or its application valid and
enforceable, this entire IGA shall be of no force and effect.
11.1 S Effective date This IGA shall be effective upon filing of the original executed
IGA with the office of the Pima County Recorder.
[Remainder of this page left intentionally blank. Signatures on following page]
201.5 TUCSONIMARANA WATER SERVICE IGA
-12-
IN WITNESS WHEREOF, each of the Parties has executed this IGA as of the si
date below.
CITY OF TUCSON
Ma Jonathan Rothschild
TOWN OF MA NA
Ma Ed�lonea
Date:
ATTEST:
Cit Clerk
Date 1z- L6 /m/ 4
Of /
ATTEST:
I � d
ATTORNEY CERTIFICATION
The fore inter a between the Town of Marana and the Cit of
Tucson, has been reviewed on the date set forth below pursuant to A.R.S. § 11 -952 b the
undersi attorne each of whom has determined that it is in proper form and within the
powers and authorit g ranted under the laws of the State of Arizona to the Part represented b
the respective undersi attorne
Mike Rankin, Cit Attorne
Cit of Tucson
Cassi ", T6wn Attorn
�w
of Nfa-rana
Date:
Date: �Z ' G' 4!l /
2015 TucSON/MARANA WATER SERVICE IGA
-13-